The Malaysian Federal Court has resolved the recent debate about whether courts should recognise and enforce whole arbitral awards under Malaysian law. The Court clarified that only the dispositive sections of arbitral awards will be enforced by Malaysian courts under Section 38 of the Malaysian Arbitration Act 2005 (AA). Parties seeking to enforce arbitral awards … Read more

Join us in Singapore to celebrate 60 years of the NY Convention

Enforcement of arbitration awards in SE Asia This year marks the 60th anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958, commonly referred to as the “New York Convention”.  As one of the most successful international treaties of the 20th century, and a primary tool in the promotion of arbitration … Read more

Enforcement of arbitral awards against Thailand: “From Walter Bau to Hopewell: pathways to Bangkok Don Muang Airport”

Herbert Smith Freehills Senior Associate Vanina Sucharitkul has published an article entitled “From Walter Bau to Hopewell: pathways to Bangkok Don Muang Airport” in the Singapore Academy of Law.  The article considers the expectations of foreign investors arbitrating against the Thai government in the light of Thailand’s refusal to comply with arbitral awards rendered against … Read more

Procedural fairness as a ground for setting aside awards: what’s fair is fair

In its recent decision in Triulzi Cesare SRL v Xinyi Group (Glass) Co Ltd [2014] SGHC 220, the Singapore High Court considered the grounds on which an arbitral award may be set aside for procedural unfairness and, in doing so, reaffirmed that the Singapore courts will be reluctant to interfere with a Tribunal’s case management … Read more

Singapore High Court decides interim awards are enforceable

In the case of PT Perusahaan Gas Negara (Persero) TBK v CRW Joint Operation (Indonesia) [2014] SGHC 146, the Singapore High Court considered the enforceability of interim awards under the Singapore International Arbitration Act (the IAA).  This judgment provides a useful analysis of what constitutes an enforceable award in Singapore and helpfully clarifies that an … Read more

Thailand, Towards an Arbitration-Friendlier Jurisdiction?

Over the past decade Thailand has faced criticism for its hostility toward arbitration, particularly in matters involving government agencies. In 2004, after the civil court upheld a highly-publicised arbitral award against the Rapid Transit Authority of Thailand of 6.2 billion baht (approximately USD 202,000,000), the Thai cabinet passed a resolution forbidding arbitration in concession agreements.¹ … Read more

Astro v Lippo: the next chapter – Singapore Court of Appeal rejects enforcement of awards against non-signatories to the arbitration agreement

The long-running dispute between Astro, a Malaysian media giant, and Lippo, an Indonesian conglomerate, has reached the end of the latest heavily contested battle by Lippo against the enforcement of arbitral awards given in Astro’s favor. In PT First Media TBK v Astro Nusantara International BV & others [2013] SGCA 57, the Singapore Court of … Read more